There may be hope on the horizon for those with convictions. The Michigan Legislature has recently passed an amendment to the expungement law in Michigan. Assuming the Governor signs the bill into law, it will be easier for individuals with a conviction to set aside a conviction.
Call a Berrien County Criminal Defense Attorney to see if you can get an expungement.
Under the current law, an individual can only have 3 convictions, one felony and two “minor offenses.” Minor offenses are those that have a statutory maximum of 90 days in jail. That 90 day maximum has been a huge hindrance for many individuals trying to clean up their records. The reason is that most crimes are punishable by at least 93 days in jail. For example, simple assault and battery and DUIs are punishable by 93 days in jail. That means an individual convicted of two offenses with maximum sentences of more than 93 days in jail, for instance two assault and batteries, cannot expunge either. This is a simplification of the law as it stands and there are exceptions. Contact an attorney to be sure you qualify or do not qualify.
Under the proposed law, the “minor offense” restriction only applies to criminal sexual conduct in the fourth degree. That means an individual with two assault and battery convictions will be able to clean up their records. Further, if all one has is two misdemeanors, they may be able to set aside both at the same time.
The individual will have to wait five years from release for jail, imposition of sentence, or discharge of probation or parole, which is similar to the law as it currently stands. The main difference is that the former stature does not require 5 years from the discharge of probation.
Further, if an application is denied the individual will now have to wait three years before filing again.
Certain felony convictions will preclude the relief sought.
Whether in East Lansing, Michigan, or elsewhere, criminal defense attorneys should know how to set aside a conviction.
Some questions they’ll likely ask you are:
1) What convictions are in your criminal history?
2) Were you given jail, prison, probation, or parole? If so, what was the day they you no longer were under governmental supervision? Ergo, when did your jail, prison, probation, or parole end?
With that information the attorney should be able to tell whether or not you can seek relief from the conviction. Do not lie! It is important that you tell the attorney the truth. If you do not, they cannot adequately advise you and you may end up throwing your money away.